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(영문) 대구지방법원 김천지원 2014.04.18 2013고합158

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Seized evidence No. 1 shall be confiscated.

The Defendant, the applicant for compensation, F, K,O, R.

Reasons

On August 19, 2004, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Incheon District Court. On July 6, 2007, the Defendant was sentenced to four years of imprisonment for the same crime at the Busan District Court and completed the execution of the sentence on July 6, 201.

Punishment of the crime

At night, the defendant was prepared to steal money and valuables by entering the house on which the gas pipes of apartment houses, etc. are laid down and the windows are not locked, and entering the house on which they are not locked.

On August 23, 2013, at around 19:20, the Defendant: (a) did not set up gas pipes at the victim E’s residence, Kimcheon-si S apartment 203 dong 403, and opened bed with the bed and intruded up to the bed, and subsequently, took money and valuables equivalent to KRW 135,80,00 in total over 38 times during the total sum of 38 times, as indicated in the attached Table of Crimes, the Defendant stolen goods worth KRW 7,600,000 in the market price, including one gold field, one gold sheet, one gold sheet, one gold sheet, and one stock sheet. < Amended by Presidential Decree No. 23788, Feb. 25, 2012; Presidential Decree No. 24800, Nov. 11, 2013>

Accordingly, the defendant was sentenced to two or more penalties for violating the Act on the Aggravated Punishment, etc. of Specific Crimes, and again committed such crimes within three years after the execution thereof is completed.

Summary of Evidence

1. Statement of the accused in the court room and the first trial record;

1. Each police statement made to T, U, M, and J;

1. Each written statement of V, E,W, X, Y, Z, AA, N,O, AB, R, R, H, H, AE, Q, AF, AH, AI, AJ, AK, AL, F, K, K, NA, P, AP, AP, AP, Q, I, and R;

1. A report on the occurrence of larceny on February 25, 2012, an investigation report on February 26, 2012 (on-site inspection report) and a site appointment on February 26, 2012;

1. Report on the results of conducting field inspections;

1. Protective locks (packer locks, garments No. 1);

1. Previous records: Criminal inquiry records, personal identification and confinement status, investigation report to the prosecution (the confirmation report on the date of release from the prosecution and attachment of the judgment);

1. Habituality of the judgment: the judgment.